Does a small business have to honor fmla if they asked you to provide the information?

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Does a small business have to honor fmla if they asked you to provide the information?

My husband works for a small company. His
company asked him to provide fmla. They also
approved the fmla. Now they say they don’t have to
honor it. Is there anything we can legally do? To get
the fmla cost us extra money at the doctor’s office,
and we feel very abused by this treatment.

Asked on March 10, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is nothing you can do. The Family and Medical Leave Act is very clear that a business with less than 50 employees is not covered by the act or obligated to grant leave. They may have misunderstood that initially and started the process (before realizing they were not covered), or they have at first considered voluntarily granting the leave, even though they are not required to, but in either event, the fact that you spent some money at the doctor to provide documentation which would support leave does not entitle you to any compensation for this, or to the leave itself. The law does not provide compensation for every cost we incur, even if we end up getting no benefit for it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is nothing you can do. The Family and Medical Leave Act is very clear that a business with less than 50 employees is not covered by the act or obligated to grant leave. They may have misunderstood that initially and started the process (before realizing they were not covered), or they have at first considered voluntarily granting the leave, even though they are not required to, but in either event, the fact that you spent some money at the doctor to provide documentation which would support leave does not entitle you to any compensation for this, or to the leave itself. The law does not provide compensation for every cost we incur, even if we end up getting no benefit for it.


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